Backing of Warrants (Republic of Ireland) Act 1965 (repealed)

1 Endorsement of warrants issued in Republic of Ireland. U.K.

(1) Where—

(a) a warrant has been issued by a judicial authority in the Republic of Ireland (in this Act referred to as the Republic) for the arrest of a person accused or convicted of an offence against the laws of the Republic, being an indictable offence or an offence punishable on summary conviction with imprisonment for six months; and

(b) an application for the endorsement of the warrant is made to a justice of the peace in the United Kingdom by a constable who produces the warrant and states on oath that he has reason to believe the person named or described therein to be within the area for which the justice acts [F1 or on his way to the United Kingdom];

then, subject to the provisions of this section, the justice shall endorse the warrant in the prescribed form for execution within the part of the United Kingdom comprising the area for which he acts.

(2) A warrant for the arrest of a person accused of an offence which under the laws of the Republic is not an indictable offence but is punishable on summary conviction with imprisonment for six months shall not be endorsed under this section unless—

(a) he has failed to appear in answer to a summons issued by or on behalf of a court in the Republic requiring his presence before the court for the trial of the offence and, not less than fourteen days before the date named in the summons for his appearance, the summons was served on him personally in the Republic or a notice of the issue of the summons, together with a copy of the summons, was served on him personally in the United Kingdom; or

(b) having entered into a recognizance for his appearance before a court in the Republic for the trial of the offence, he has failed to appear in pursuance of the recognizance; or

(c) having appeared before a court in the Republic for the trial of the offence, he has subsequently failed to appear on any date to which the proceedings were adjourned.

(3) A warrant for the arrest of a person convicted of any offence against the laws of the Republic shall not be endorsed under this section unless the purpose of the arrest is to enable him—

(a) to be brought before a court in the Republic for sentence in respect of the conviction; or

(b) to be taken to a place where he is to undergo imprisonment under such a sentence, not being imprisonment in default of the payment of a fine or other sum.

(4) The endorsement of a warrant under this section by a justice of the peace in any part of the United Kingdom shall be treated for the purposes of any enactment or rule of law relating to warrants of arrest as if it were the issue by him of the warrant, and the warrant were for the arrest of a person charged with an offence committed in that part.

Textual Amendments

F1 Words in s. 1(1)(b) inserted (19.12.1994) by 1994 c. 33, s. 159(2); S.I. 1994/2935, art.2.